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Troopers checking nighttime safety belt use

By Billie Owens

Press Release:

State Police Conducts Nighttime Safety Restraint Enforcement
Statewide: Campaign Will Target Unbuckled Motorists at Night

Major Christopher L. Cummings, Troop A Commander, has announced the start of New York’s latest “nighttime” safety restraint enforcement efforts. According to the National Highway Traffic Safety Administration (NHTSA), the odds of being killed in a motor vehicle crash are three times higher at night, which is when seat belt use declines substantially. In an effort to save lives, the State Police will be conducting nighttime safety restraint enforcement details.

Troopers across New York State will be staffing nighttime safety restraint checkpoints in the ongoing “Click It or Ticket” campaign. Given the increasing number of traffic crashes at night, all New Yorkers should be reminded of the need to wear their seatbelts, not only during the day but every time they travel in a vehicle.

“Buckling up all the time clearly saves lives, and if you don’t, you will be ticketed,” Major Cummings said.  “Unfortunately, too many New Yorkers still need a tough reminder, and we’re going to provide it.” 

Recent statistics indicate that roughly 10 percent of motorists in New York still fail to wear safety restraints and it is likely that number is even higher during nighttime hours.  “It’s tragic and unnecessary, but someone we know will likely die or be unnecessarily injured for failing to take one simple step – buckling up. It really is a matter of life and death.” Cummings added.

According to NHTSA, in 2005 more than 15,000 passenger vehicle occupants died in traffic crashes between 6 p.m. and 6 a.m.; nearly two-thirds of those killed were not wearing seat belts at the time of the crash. In addition, nighttime seat belt use is often 10 percent lower than the nationwide average of 82 percent daytime seat belt use. Crashes also are the leading cause of death for every age from 3 through 33.

Major Cummings stressed that all vehicle occupants, regardless of age, should be properly restrained.  “Kids and young adults learn best by example, and parents set that example,” he said.  “Infants and toddlers are even more vulnerable, because they can’t buckle up themselves – they must rely on adults to do it for them.”  National studies have shown belted drivers are far more likely than unbelted operators to restrain their children.

Law enforcement agencies in New York State initiated the Buckle up New York Campaign in 1999. Although the state’s safety belt usage rate has hovered around 85 percent over the last three years, highway safety advocates are encouraged to report that New York has reached a historic high rate of 89 percent in 2008.

Downtown Batavia Public Market opens June 25

By Billie Owens

Downtown Batavia Public Market is starting its third year on June 25 and it will be open from 9 a.m. to 3 p.m. Thursdays through Sept. 10. It is centrally located at the corner of Ellicott (Rte 63) and Center streets with plenty of convenient parking.

The market will offer a full variety of fresh produce, fruit, bread, cookies, pies, honey, jams, BBQ sauce, cut and dried flowers and lots more.

Vendors include: J & W Fresh Farm Produce, Nice Farms, Schwab Farms, S & T Crist Farms, Alston’s BBQ Sauce, and Pressed Flowers by L. Regatuso. 

Sponsored by: Batavia Business Improvement District Public Market Committee.
Interested vendors can contact the B.I.D. Office at 585-344-0900 or visit our website at  HYPERLINK "http://www.downtownbataviany.com" www.downtownbataviany.com.

Deals of the Day: Fine Dining Friday - Alex's and Larry's

By Howard B. Owens

Always popular, always good: Alex's Place and Larry's Steakhouse.

We have one gift certificate for each fine restaurant worth $50 each, on sale for HALF OFF -- that's $25 each. (plus a $1 PayPal service fee)

Alex's Place, of course, is a legendary restaurant in these parts. It's on Park Road, just down the street from Batavia Downs. The ribs are famous and of course Alex's always gets high marks for its seafood.

Larry's is on Main Street, right downtown, and with the patio now open, you can relax with a beer or cocktail in the sunshine before enjoying one of the best steaks around.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Larry's Steakhouse

SOLD

Alex's Place

SOLD

Police Beat: Driver accused of resisting arrest after refusing breath test

By Howard B. Owens

Paul G. Grazioplene, 43, of Batavia, faces charges of a felony DWI, resisting arrest and leaving the scene of a property damage accident following an alleged incident on Cedar Street about 9:25 last night. Grazioplene allegedly stuck a vehicle on Cedar and then drove off. A resident followed his car and notified police. Grazioplene was apparently still in his vehicle parked outside of his home when he was found by police. Grazioplene allegedly refused to take a breath test. He reportedly has a prior DWI arrest within the past 10 years. He was jailed without bail.

Jill L. Briska, 20, of Batavia faces a DWI charge following a minor traffic accident this morning about 1 at 100 W. Main St. Briska was issued an appearance ticket and released.

Already in jail, alleged drug dealer gets new charges

By Howard B. Owens

Already in jail on unspecified chargers, Christopher J. Wiegman, 20, of Bergen, was arrested today for allegedly dealing drugs.

Wiegman reportedly sold crack cocaine and prescription pills to under cover agents of the Local Drug Task force in late 2008.

The alleged sale came while agents were investigating the sale of crack cocaine and pills in both the City of Batavia and Bergen.

Wiegman was charged with two felony counts of possession of a controlled substance. He is being held without bail.

Medina pastor who helped stop runaway tractor on Main Street tells his story

By Howard B. Owens

Pastor Rod Klinzing of Medina doesn't want anybody making a big deal over his heroics Tuesday when his efforts may have helped saved the lives of two people trapped inside of a car being pushed sideways by a tractor down Main Street.

He's slightly embarrassed that his wife Janice contacted The Batavian Wednesday afternoon, saying, "I am  so terribly proud of my husband who did what seemed right.  And it was right.."  (Because of my travels, I had no time to interview Rod until this evening).

Klinzing was the first to jump on the tractor and try smashing his way through the window.

"We heard a terrible noise with car horns going off and we had no idea what was going on until the tractor drove right in front of us pushing the car along and we could see inside two people still in the car and they were just panic stricken and absolutely helpless," Klinzing said.

(LISTEN: Full audio interview)

The pastor said he then ran up to the to get the attention of the driver, Neil Phelps, saying, "I thought perhaps he just didn't know."

"I came to realize he wasn't responding," Klinzing said. "He wasn't responding to me and he wasn't responding to anybody else who was yelling and screaming."

When he realized that eventually the trapped car would either be turned over or pushed into a stopped car ahead, Klinzing said he had to act. The tractor wasn't moving that fast, so he decided he could jump aboard.

"Pounding on the window didn't seem to do anything," Klinzing said. "The door was secured from the inside and I couldn't open it, and I just tried to get his attention. He looked at me in kind of a very dazed state. No emotion whatsoever and just kept on driving."

That went on for what seemed like a while, Klinzing said, so he decided to try and make eye contact to get the driver's attention.

"He did and that's when I made a motion pointing at the key, 'turn it off, turn it off,'" Klinzing said. "I was pleased that he actually responded to that. My pounding on the window, he didn't respond to at all.  I made that motion. He turned it off. He sat back, and that was basically the end of the story"

Klingzing said another man did jump on the tractor and start pounding on the window, probably Jerry Newell, but Klinzing said he told the man the pounding was ineffective.

"He probably has a pretty sore hand at this point because he smacked it pretty hard," Klinzing said.

Klinzing said at the end two police officers did jump on the vehicle and managed to gain entry from the other side of the tractor cab.

While people worked to extract Gene Laney and his passenger from the car stuck in front of the tractor, Klinzing said he said next to the cab and made sure the driver didn't turn the tractor back on, and then he left the scene.

Batavia Police Chief Randy Baker told WBTA yesterday that the two officers who assisted at the scene were Chris Camp and Matthew Baldwin.

Deal of the Day: Center Street Smoke House

By Howard B. Owens

Today's Deal: Center Street Smoke House, a $25 gift card for $12.50, HALF OFF! (plus a $1 service charge).

Center Street is located at 20 Center St. in Batavia and is one a great place to go for BBQ, Southern hospitality and features a fine saloon. Center Street also frequently features live music and has an open patio at the back of the restaurant.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Police Report: Woman accused of hitting deputy following property dispute

By Howard B. Owens

Shauna Clattanburg, 27, of Batavia, is accused of striking a Sheriff's deputy in the chest and then containing to hit the officer and yell obscenities while she was taken into custody. The incident arrose during a property dispute in Batavia at 11:38 yesterday. Clattanburg was charged with harassment and resisting arrest.

Charges pending in accident involving tractor on Main Street

By Howard B. Owens

The Sheriff's Office is investigating last evenings accident involving a tractor that struck four vehicles and pushed a car sideways down Main Street in Batavia, injuring at least two people.

See yesterday's coverage.

The tractor driver, Neil W. Phelps, 55, of Caledonia, could face charges pending the outcome of the investigation, according to a Sheriff's Office press release.

A passenger in one of the cars struck when the tractor first turned onto Main Street from Route 63 was taken to UMMC for non-life-threatening injuries.

Phelps was also taken to UMMC for evaluation.

The driver of the car pushed down Main Street was also treated later that evening for complaints of hip pain, according to Robin Ettinger, who identified herself as the driver's daughter in a comment left on The Batavian last night.

UPDATE: Dan Fischer at WBTA is developing the story further. He has more details and an audio interview with Tim Yaeger coming.

Online Exclusive: Roll top desk from Max Pies at $300 off

By Howard B. Owens

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We are able to offer a solid oak roll top desk to readers of The Batavian at a $300 savings. This desk normally retails for $795.  You can use the PayPal button below to buy it online now for $495. (Sales tax and a $12 PayPal service fee will be added)

You can't buy this desk in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock desk or custom order in one of the three available finishes: harvest distressed, glazed medium distressed or light distressed..

If you've ever dreamed of owning a roll top desk, here is your chance to acquire a quality piece of furniture at a substantial savings.

There is only one item available at this price and it is exclusive through
The Batavian. The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the chair are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells and only one at this price is available.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

If you're a local business owner and would like to offer The Batavian readers great deals either as part of The Deal of the Day or as an Online Exclusive, call me at 585-260-6970.

Batavia council asks manager to prepare report on switching Fire Department to volunteer force

By Howard B. Owens

The City of Batavia should seriously consider replacing the Batavia Fire Department with either an all volunteer, or partial volunteer force, Council President Charlie Mallow suggested during tonight's City Council meeting.

UPDATE: Audio of Mallow's speech provided by WBTA.

His call to have Jason Molino prepare a report on the idea before the council's next conference meeting met with broad support from the other council members, with at least five members backing his thinking and none of the rest raising an objection.

"We live in a city of 16,000 people with a fully funded fire department," Mallow said. "That is probably the most unusual thing you can come across. Our taxpayers are taking a pounding for $3.5 million that 16,000 people have to pay for every year. Can you imagine what we can do -- the town fire department is a little over $1 million -- what we could do with $2.5 million? We could fix their sidewalks in this city. Maybe we could fix our roads without begging for more from the state.

"It's going to take real leadership, because I tell ya, we all know what it took to get rid of that ambulance service and there's still people with signs up even though that issue has long since passed

"Speaking as somebody who is about the fly the coup, it's going to take somebody on this council or the next council to step up and do the right thing no matter how many signs people put up or how many phone calls they make."

Council woman Marianne Clattenburg immediately followed with a "Here, here."

Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for Mallow's call for Molino to study up on the issue and prepare a report.

The discussion came in the middle of an agenda item about the car allowance for the city's fire chief, which was an issue put on the agenda by Cox.

"I don't want to argue about $4,000," Mallow said. "I want to argue about $2.5 million."

Cox said now is the time to act on the proposal, while the city's fire department is being run by an interim chief, so that the position wouldn't be changed in the middle of the term of a permanent chief.

The fire fighters union is already claiming a Taylor Law violation because the city voted to eliminate the city's ambulance service, and asked after the meeting if this latest proposal might really run afoul of the Taylor Law, Mallow said, "I've found that your best thing to do is just do the right thing. We did the right thing with the ambulance service and we got complaints because we did the right thing."

As for the car allowance, Molino said he is going to recommend to both the police and fire chiefs that they forgo the city's stipend and use a city vehicle for official business.

Molino explained that the city's employee handbook gives the chiefs the option of an allowance or a city-provided vehicle or a stipend, but after talking with an insurance carrier, the idea of chiefs using personal vehicles for official business should be a grave concern.

If the chiefs were in an accident, even though on official duty, while driving a personal vehicle, their personal insurance company would be the first line of liability. In a serious scenario, the mount of damages could greatly exceed the personal liability coverage.

"I don't think it's good policy to have our city employees at risk of losing everything they've worked their whole lives earning," Molino said.

Both departments have vehicles available -- especially for the fire department once the ambulance service is terminated -- that the chiefs could use and take home to be available in emergencies.

Tractor pushes car sideways down Main Street into the city

By Howard B. Owens

A tractor from My-T Acres pushed a car with two people in it sideways eastbound down Main Street this evening.

The tractor struck at least two other vehicles and caused at least one minor injury.

Incredibly, neither of the two people in the car pushed by the tractor were injured.

"If it (the car) had flipped over, we would both be dead," said driver Gene Laney. "There is no way we could get out."

The tractor only stopped after a passerby jumped up on the driver-side running board, according to Laney and a police officer, and banged on the glass and yelled at the driver, who eventually heeded the message and turned the tractor off.

The tractor finally stopped in the vicinity of 355 W. Main St.

The hero who helped get the tractor stopped was apparently no longer on scene five or 10 minutes later and police on scene did not know who he was.

Witnesses describe the unidentified tractor driver as in a daze.  It is not known why he drove the vehicle in this manner from Lewiston Road onto Main Street.

County Emergency Coordinator Tim Yaeger happened to be in the area at the time the call went out and tried to get the tractor driver to stop, even pulling in front of the tractor with lights and sirens to draw the driver's attention.

No further information is available at this time.

Two Batavia PD check points lead to 47 tickets and five DWI arrests

By Howard B. Owens

Twenty-nine license suspensions. Can you imagine?

That person was among of several alleged violators and potential law breakers nabbed at two Batavia Police Department check points set up Friday, according a press release issued this afternoon.

The person with the 29 suspensions isn't identified, and neither is another person with 10 violations who was also tripped up in the one of the check points.

The check points were conducted on Bank Street and Clinton Street Road.

In total, there were 47 traffic summons issues, four people were arrested for DWI and one for aggravated DWI. One person was cited for unlawful possession of marijuana.

We already reported the case of the alleged illegal immigrants getting caught on Bank Street, and the apparent warning sign taped up near the Bank Street check point.

The DWI arrests, all from Batavia, are: James Kempisty, 48; Richard M. Potwora, 50; Todd M. Kemp, 36; Donald W. Gavenda, 51; Ryan M. Shrauger, 39.

Personnel from the Genesee County Sheriff's Office and the Genesee County Drug Task Force assisted in the operation.

Deals of the Day: Batavia Downs, Adam Miller and South Main Country Gifts

By Howard B. Owens

Among today's deal is the introduction of a new sponsor to the program: South Main Country Gifts.

South Main Country Gifts is located at 3356 S. Main St. Road and is a well-stocked, interesting gift shop with a large variety of items. When we visited Saturday, my wife commented on how reasonable the prices are.

Today's gift certificate is for $20 available through The Batavian for $10 (plus $1 service fee).

Also today, the ever-popular Adam Miller Toy and Bicycle, 8 Center St., where you can find toys for kids of all ages. We have a $25 gift certificate for $12.50 (plus $1 service fee).

And our third deal today is Batavia Downs Grandstand Bar & Grille, one of Genesee County's more popular restaurants. We have a $25 gift certificate for $12.50 (plus $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

South Main Country Gifts

SOLD

Adam Miller Toy & Bicycles

SOLD

Batavia Downs Grandstand Bar & Grille

SOLD

Road block sign probably warning of police check point

By Howard B. Owens

I've been on Bank Street near the city limits each of the past four days. Friday, this was a normal speed sign as I remember it.  When I saw "road block" Saturday, I didn't think much of it. Then I did the blotter report this morning and realized that the Batavia Police Department was running a DWI check point on Bank Street Friday evening.  It looks like somebody tried to warn drivers.

Accident Reports: Tractor pulling wagon full of 17 people has trailer hitch break

By Howard B. Owens

Seventeen people, including 11 children, managed to avoid injury after a tractor ride went wrong Sunday night when the trailer hitch broke on the tractor pulling them down Conlon Road.

Gregory J. Luetticke, 46, of Le Roy, who was driving the tractor, did report an injury. He complained of neck pain.

Luetticke was reportedly pulling the wagon down a grass laneway on Conlon when the hitch broke. Luetticke said when the hitch broke, he steered to the west and lost control of the tractor, causing the tractor to overturn. Luetticke was ejected from the tractor and came to rest to the northwest. The wagon stopped moving.

In the wagon were Billie J. Kennedy, 31, Alexa M. Kennedy, 6, Madailein M. Blonski, 5, Ashley Bottonfield, 10, Erica Ulrich, 15, Amber A. Williams, 8, Dominque M. Williams, 14, Mariah A. Williams, 12, Teresa Annecharicle, 35, Tyler M. Annecharicle, 35, Isabell Annecharicle, 10, Nicholas Rogers, 6, Zachary M. Rogers, 10, Colleen M. Rogowski, 39, Allison M. Rogowski, 8 and Lauren E. Wood, 8.

Bradley Brooks, 25, of Spencerport, failed to negotiate a turn on South Lake Road in Bergen Sunday afternoon and drove his motorcycle into a ditch. Brooks was ejected from the bike. He was transported to Strong Memorial Hospital with non-life threatening injuries.

Brian D. Whitmore, 25, of Darien Center, suffered a fracture in his arm and collar bone after striking a deer while driving his motorcycle eastbound on Conway Road in Darien. The accident occurred Wednesday about 9 p.m.

No injuries were reported in a single-vehicle accident last night at 11:30 p.m. on Quinlan Road in Le Roy.

The 1996 Dodge coupe was driven by Matthew Derooy, 20, of LeRoy. Deborah J. Derooy, 24, was a passenger.

Derooy reportedly driving the car westbound on Quinlan Road when he drove off the north shoulder and hit a support wire to a National Grid utility pole. The vehicle then continued through a field and landed in a ditch.

No apparent cause is cited in the accident report.

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